I recently received a question asking what to do when a loved one dies whether at home or in a facility. I started researching and learned from the Funeral Consumer Alliance that there are ten states that require a Funeral Director’s involvement – this was news to me.
The ten states that require a family to bring in a funeral director are:
Connecticut—requires a funeral director’s signature on the death certificate and bars anyone but a funeral director or embalmer from removing a body or transporting it. https://www.nolo.com/legal-encyclopedia/burial-cremation-laws-connecticut.html
Florida—requires a funeral home representative to be present for interment, an example of so-called “babysitting” laws that are inherently unconstitutional. https://www.nolo.com/legal-encyclopedia/florida-home-funeral-laws.html
Illinois—defines “funeral director or person acting as such” to include only funeral directors and their employees, according to Illinois Administrative code. https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=022500410HArt%2E+1&ActID=1301&ChapterID=24&SeqStart=100000&SeqEnd=800000
Iowa—recently changed its law to disallow local registrars from being able to supply burial transit permits, thus forcing families to hire funeral directors or engage medical examiners to file for them. https://www.nolo.com/legal-encyclopedia/burial-cremation-laws-iowa.html#:~:text=In%20Iowa%2C%20embalming%20isn’t,’t%20occurred%20(Iowa%20Admin.
Indiana—says burial permits can only be given to funeral directors, though other statutes clearly refer broadly to the “person in charge” of the disposition (e.g., the next-of-kin). https://www.nolo.com/legal-encyclopedia/indiana-home-funeral-laws.html#:~:text=Indiana%20law%20permits%20the%20person,section%20of%20a%20cemetery%2C%20or
Louisiana—mandates funeral director involvement in obtaining all necessary permits and funeral director presence at the final disposition of the body. In plain terms, the state literally requires families to hire an undertaker to supervise them. https://www.nolo.com/legal-encyclopedia/louisiana-home-funeral-laws.html
New York—has requirements similar to Louisiana’s. https://www.citybarjusticecenter.org/wp-content/uploads/2016/09/Guide-Funeral-Burial-Options-in-NY-ENGLISH.pdf
Michigan—requires that death certificates be “certified” by a funeral director —though the statute doesn’t define what that means. Additionally, the wills and probate section of the law requires all body dispositions be conducted by a licensed funeral director. https://www.nolo.com/legal-encyclopedia/burial-cremation-laws-michigan.html#1
Nebraska—law requires a funeral director to supervise all dispositions and gives funeral directors the right and authority to issue “transit permits” to move the body out of state. https://www.nolo.com/legal-encyclopedia/burial-cremation-laws-nebraska.html#:~:text=All%20Nebraska%20burials%2C%20even%20home,help%20with%20your%20burial%20plans. https://dhhs.ne.gov/licensure/Documents/FuneralDirectingAndEmbalming.pdf
New Jersey—requires a funeral director’s signature on the death certificate and mandates funeral director presence at the final disposition of the body. https://www.nolo.com/legal-encyclopedia/new-jersey-home-funeral-laws.html#:~:text=You%20Must%20Use%20a%20Funeral,must%20file%20the%20death%20certificate. https://web.njsfda.org/public/consumer/funeral-planning-options/controlling-your-funeral
Image by Peggy und Marco Lachmann-Anke from Pixabay
What to do After Someone Dies
The NIH (National Institute on Aging) provides helpful guidance
What to do after someone dies depends on where the person died. If someone dies at home, there is no need to move the body right away. If the person was in hospice, a plan for what happens after death will likely already be in place. If the person wasn’t in hospice, talk with the doctor, local medical examiner (coroner), local health department, or a funeral home representative about how to proceed. You might want to have someone make sure the body is lying flat before the joints become stiff. This rigor mortis begins sometime during the first few hours after death.
When a loved one passes, some people want to stay in the room with the body; others prefer to leave. Some families want time to sit quietly with the body, console each other, and maybe share memories. This is the time for any special religious, ethnic, or cultural customs that are performed soon after death.
If your loved one died in a facility, such as a hospital or nursing home, discuss any important customs or rituals with the staff early on, if possible. You could ask a member of your religious community or a spiritual counselor to come. If you have a list of people to notify, this is the time to call those who might want to come and see the body before it is moved.
Get a Legal Pronouncement of Death
As soon as possible, the death must be officially pronounced by someone in authority like a doctor in a hospital or nursing facility or a hospice nurse. This person also fills out the forms certifying the cause, time, and place of death. These steps will make it possible for an official death certificate to be prepared. This legal form is necessary for many reasons, including life insurance and financial and property issues.
Make Arrangements for After Death
If the person was in hospice, a plan for what happens after death will already be in place. If death happens at home without hospice, try to talk with the doctor, the local medical examiner (coroner), your local health department, or a funeral home representative in advance about how to proceed. You can also consider a home funeral, which is legal in most states.
Arrangements should be made to pick up the body as soon as the family is ready and according to local laws. This can be done by a funeral home or by the family themselves in most states. The hospital or nursing facility, if that is where the death took place, may help with these arrangements. If at home, you will need to contact the funeral home directly, make arrangements yourself, or ask a friend or family member to do that for you.
The doctor may ask if you want an autopsy. This is a medical procedure conducted by a specially trained physician to learn more about what caused the death. For example, if the person who died was believed to have Alzheimer’s disease, a brain autopsy will allow for a definitive diagnosis. If your religion or culture objects to autopsies, talk to the doctor. Some people planning a funeral with a viewing worry about having an autopsy, but the physical signs of an autopsy are usually hidden by clothing and other body preparation techniques.
What about Organ and Brain Donation?
At some time before death or right after it, the doctor may ask about donating organs such as the heart, lungs, pancreas, kidneys, cornea, liver, and skin. Organ donation allows healthy organs from someone who died to be transplanted into living people who need them. People of any age can be organ donors.
The person who is dying may have already said that he or she would like to be an organ donor. Some States list this information on the driver’s license. If not, the decision has to be made quickly. There is no cost to the donor’s family for this gift of life. If the person has requested a Do Not Resuscitate (DNR) order but wants to donate organs, he or she might have to indicate that the desire to donate supersedes the DNR. That is because it might be necessary to use machines to keep the heart beating until the medical staff is ready to remove the donated organs.
Brain donation is a separate process and registering as an organ donor does not mean you are choosing to donate your brain. If the person is registered as a brain donor, their point of contact will need to be notified within two hours after death.
Learn more about organ donation resources for older donors, advance care planning, and the brain donation process.
Notifications
USA.gov lists agencies to contact after death. After someone dies, notify the government programs and businesses they used. Cancel benefits payments and close or transfer accounts. FYI, you’ll need the person’s Social Security number and certified copies of their death certificate for most agencies and programs.
Image by Juli Reichel from Pixabay
I Know …
This information can be overwhelming, I know ❣️If you’d like a 2nd set of eyes and ears, know I’m here.
Send me an Email or Message me if you have any questions. For additional information about my work check out @ The Living Planner or @ The Living Planner.
To consider some things to consider earlier vs. later, my book The Living Planner (What to Prepare Now While You Are Living) is a resource for you. Here is a direct link to my shopping cart. Check it out HERE .
For those who prefer to access information via an online portal, I’ve created a step-by-step 12 Module DIY method: Check it out HERE.
This quote spoke to me this week. “Thinking will not overcome fear, but action will.” – W. Clement Stone ❣️ Lynn
#Can’tPredictCanPrepare #PlanfortheUnplanned